TERMS OF SERVICE
Last Revised on [ November 16th 2022 ]
Welcome to the Terms of Service (these “Terms”) for the website https://www.homage.ai/ (the “Website”), operated on behalf of Homage Inc. (“Homage”, “we” or “us”), and together with any content, tools, features and functionality offered on or through our Website (the “Services”).
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
The Terms constitute a legal agreement between you and Homage. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. Homage may, in its sole discretion, amend these Terms at any time and without notice to you, such updates to take effect upon posting. We encourage you to read these Terms in their entirety each time you log in to the Services for updates and to contact us with any questions.
SECTION 8 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO HOMAGE’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 8.
TABLE OF CONTENTS
2. RIGHTS WE GRANT YOU; RESTRICTIONS ON USE OF THE SERVICES
3. LOCATION OF OUR PRIVACY POLICY
5. PROPERTY QUOTATION TOOL; NO PROFESSIONAL ADVICE OR APPRAISALS
6. THIRD PARTY SERVICES AND MATERIALS
7. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
8. ARBITRATION AND CLASS ACTION WAIWER
1. WHO MAY USE THE SERVICES
You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet these requirements.
2. RIGHTS WE GRANT YOU; RESTRICTIONS ON USE OF THE SERVICES
2.1 License Grant. Subject to your compliance with these Terms, Homage hereby grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the Services for your personal, non-commercial use. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Homage, in its sole discretion, may elect to take.
2.2 Restrictions On Your Use of the Services. Except as expressly permitted in these Terms, you may not, and may not permit any other person to, do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
(d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
(e) exploit the Services for any commercial purpose, including without limitation, communicating or facilitating any commercial advertisement or solicitation;
(f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same, or introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services, or circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
(h) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
(i) upload or provide any false, misleading or untruthful information on or through the Services, including information related to yourself or your property;
(j) use the Services for illegal, harassing, unethical, or disruptive purposes, or in violation of any applicable law or regulation; or
(k) access or use the Services in any way not expressly permitted by these Terms.
2.3 Creating and Safeguarding your Account. To use certain of the Services, you may need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at info@homage.ai if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
3. LOCATION OF OUR PRIVACY POLICY
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.homage.ai/privacy-policy/.
4. OWNERSHIP
4.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, data (including property data), content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Homage and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
4.2 Ownership of Trademarks. Our name, the HOMAGE mark and logo and all related names, logos, product and service names, designs and slogans are trademarks of Homage or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
4.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Homage, and Homage may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Homage any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
5. PROPERTY QUOTATION TOOL; NO PROFESSIONAL ADVICE OR APPRAISALS
5.1 Estimates. You may use our property quotation tool by filling out the consumer web form on the Website and providing certain information to Homage. Some of this information may be personal information, such as your name, email address, and phone number; other information may include the location of the home you are interested in selling, the condition of the home, and your desired move-out date. All personal information that you provide us through the Website shall be used and processed by Homage in accordance with our Privacy Policy. You are responsible for ensuring that all information that you upload or provide on or through the Services is truthful and accurate. In addition to information that you provide, our property quotation tool will pull publicly available data about the home using the address you provide, such as the number of bedrooms and bathrooms and the square footage of the home. Once you provide the required information, we may provide you with an estimated sale price quotation for your home (an “Estimate”). ESTIMATES PROVIDED THROUGH THE PROPERTY ESTIMATE TOOL ON THE WEBSITE ARE NOT GUARANTEES OF ANY LISTING PRICE OR ACTUAL SALE PRICE OF YOUR HOME, AND ARE SUBJECT TO CHANGE AT ANY TIME IN HOMAGE’S SOLE DISCRETION. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, WITH RESPECT TO OUR ESTIMATES OR YOUR USE THEREOF OR RELIANCE THEREON.
5.2 No Professional Advice or Guarantee. The Services do not include the functionality to purchase or sell a home. You acknowledge and agree that any sale of a property for which you request an Estimate, and any purchase of a property listed on the Website that Homage elects to sell, if any, will be subject to a separate legal agreement between you and Homage or its clients, which Homage and/or its clients may or may not enter in their sole discretion. HOMAGE DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL, TAX, LEGAL, REAL ESTATE OR INVESTMENT ADVISOR. THE CONTENT AND INFORMATION, INCLUDING, WITHOUT LIMITATION, ESTIMATES, THAT YOU ACCESS ON THE WEBSITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. HOMAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUCH RESULTS, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE ACQUIRED BY YOUR USE OF THIS SITE. YOU HEREBY ACKNOWLEDGE THAT ANY DECISIONS INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO MORTGAGE, CREDIT, SALES OR PURCHASES, ARE MADE AT YOUR SOLE DISCRETION AND RISK. HOMAGE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY PROPERTY WILL SELL FOR THE ESTIMATE AMOUNT, THAT YOU WILL SECURE FINANCING FOR ANY PROPERTY, OR THAT HOMAGE WILL ENTER INTO ANY AGREEMENT WITH YOU WITH RESPECT TO ANY PROPERTY. NOTHING IN THESE TERMS SHALL OBLIGATE HOMAGE TO EXECUTE ANY AGREEMENT WITH YOU, EVEN IF YOU ARE PROVIDED AN ESTIMATE THROUGH THE SERVICES. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
5.3 No Appraisals. HOMAGE DOES NOT PROVIDE APPRAISALS, AND ANY INFORMATION, INCLUDING ANY ESTIMATE, HOMAGE PROVIDES REGARDING YOUR HOME IS NOT AND SHALL NOT BE CONSIDERED AN APPRAISAL.
6. [THIRD PARTY SERVICES AND MATERIALS
Certain Services may display, include or make available content, data, information, applications or materials from third parties, including but not limited to property listings for homes of third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Homage is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.]
7. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
7.1 Disclaimers. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMAGE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “HOMAGE ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS IN CONNECTION WITH THESE TERMS AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOMAGE DOES NOT WARRANT THAT THE SERVICES, INFORMATION CONTAINED THEREIN, OR ANY RELATED SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE AT ANY PARTICULAR TIME, UNINTERRUPTED, OR SECURE; THAT ANY ERRORS WILL BE CORRECTED; OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL ANY OF THE HOMAGE ENTITIES BE LIABLE FOR ANY CLAIM, DEMAND OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, ANY INFORMATION OR DATA ACCESSED THROUGH THE SERVICES OR THE USE, DELIVERY OR PERFORMANCE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE HOMAGE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT DAMAGES IN CONNECTION WITH THESE TERMS OR THE SERVICES ARE FINALLY AWARDED BY A COURT OF COMPETENT JURISDICTION, THE HOMAGE ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Homage Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Homage Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; or (c) your negligence or wilful misconduct.
8. ARBITRATION AND CLASS ACTION WAIWER
8.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
8.2 Informal Process First. You and Homage agree that in the event of any dispute between you and Homage, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and Homage agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
8.3 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to Homage’s services and/or products, including the Services, and any use or access or lack of access thereto will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Homage agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with Homage, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Homage are each waiving the right to trial by jury or to participate in a class action or class arbitration.
8.4 Exceptions. Notwithstanding the foregoing, you and Homage agree that the following types of disputes will be resolved in a court of proper jurisdiction:
(a) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
(b) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
(c) intellectual property disputes.
8.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Homage will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse Homage for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Homage before the arbitrator was appointed, Homage will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
8.6 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to info@homage.ai or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to Homage within thirty (30) days of your first registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Homage also will not be bound by them.
8.7 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and Homage each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and Homage AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and Homage EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and Homage agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
9. ADDITIONAL PROVISIONS
9.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that Homage may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services.
9.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
9.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by Homage will terminate automatically. Additionally, Homage may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Homage deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Homage or you. Termination will not limit any of Homage’s other rights or remedies at law or in equity.
9.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Homage for which monetary damages would not be an adequate remedy and Homage shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
9.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
9.6 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Homage but may not be assigned by you without the prior express written consent of Homage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 8, or if arbitration does not apply, then the state and federal courts located in New York County, New York. You and Homage agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
9.7 How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at info@homage.ai.
